PC §706(A) - DRIVING ON A SUSPENDED LICENSES
CLASS D MISDEMEANOR
(a) Definition
Driving on a suspended license is the act of operating a motor vehicle while the individual's driving privileges have been suspended, revoked, or otherwise restricted by the relevant licensing authority.
(b) Elements of the Offense
The following elements must be met to constitute driving on a suspended license:
The defendant operated a motor vehicle on a public roadway.
The defendant's driving privileges were suspended, revoked, or otherwise restricted by the relevant licensing authority.
The defendant knew or should have known that their driving privileges were suspended, revoked, or restricted at the time of operation.
Types of Suspensions
(a) Suspensions, revocations, or restrictions of driving privileges may result from various reasons, including, but not limited to, the following:
Failure to pay fines or appear in court for traffic violations.
Accumulation of points on the driver's license.
Driving under the influence of alcohol or drugs.
Failure to maintain proper insurance coverage.
Other violations or offenses as determined by the relevant licensing authority.
(c) Defenses
(a) It shall be a defense to a charge of driving on a suspended license if the defendant can prove that their driving privileges were not suspended, revoked, or restricted at the time of operation, or if they can demonstrate that they were coerced, misled, or otherwise not acting of their own free will.
(b) Lack of evidence of driving on a suspended license, such as proof of valid driving privileges or errors in the suspension process, may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as causing an accident resulting in property damage or injury to others, driving under the influence of alcohol or drugs while on a suspended license, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.
Penalties
Penalties for drivers licenses charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
OFFICERS DESCRETION ON IT BEING ARRESTABLE.
JAIL TIME
40 SECONDS OF JAIL TIME.
BOND/FINE SET
$4,000.00
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